Texas 2015 - 84th Regular

Texas House Bill HB1856 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R8772 SLB-F
2	2	By: Isaac H.B. No. 1856
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the renewal or amendment of certain permits issued by
8	8	groundwater conservation districts.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 36.001, Water Code, is amended by adding
11	11	Subdivision (31) to read as follows:
12	12	(31) "Operating permit" means any permit issued by the
13	13	district for the operation of or production from a well, including a
14	14	permit to drill or complete a well if the district does not require
15	15	a separate permit for the drilling or completion of a well.
16	16	SECTION 2. Sections 36.113(d) and (f), Water Code, are
17	17	amended to read as follows:
18	18	(d) Except as provided by Sections 36.1145 and 36.1146,
19	19	before [Before] granting or denying a permit or permit amendment,
20	20	the district shall consider whether:
21	21	(1) the application conforms to the requirements
22	22	prescribed by this chapter and is accompanied by the prescribed
23	23	fees;
24	24	(2) the proposed use of water unreasonably affects
25	25	existing groundwater and surface water resources or existing permit
26	26	holders;
27	27	(3) the proposed use of water is dedicated to any
28	28	beneficial use;
29	29	(4) the proposed use of water is consistent with the
30	30	district's approved management plan;
31	31	(5) if the well will be located in the Hill Country
32	32	Priority Groundwater Management Area, the proposed use of water
33	33	from the well is wholly or partly to provide water to a pond, lake,
34	34	or reservoir to enhance the appearance of the landscape;
35	35	(6) the applicant has agreed to avoid waste and
36	36	achieve water conservation; and
37	37	(7) the applicant has agreed that reasonable diligence
38	38	will be used to protect groundwater quality and that the applicant
39	39	will follow well plugging guidelines at the time of well closure.
40	40	(f) Except as provided by Sections 36.1145 and 36.1146,
41	41	permits [Permits] and permit amendments may be issued subject to
42	42	the rules promulgated by the district and subject to terms and
43	43	provisions with reference to the drilling, equipping, completion,
44	44	alteration, or operation of, or production of groundwater from,
45	45	wells or pumps that may be necessary to prevent waste and achieve
46	46	water conservation, minimize as far as practicable the drawdown of
47	47	the water table or the reduction of artesian pressure, lessen
48	48	interference between wells, or control and prevent subsidence.
49	49	SECTION 3. Sections 36.114(b) and (c), Water Code, are
50	50	amended to read as follows:
51	51	(b) For each activity for which the district determines a
52	52	permit or permit amendment is required under Subsection (a), and
53	53	that is not exempt from a hearing requirement under Section
54	54	36.1145, the district by rule shall determine whether a hearing on
55	55	the permit or permit amendment application is required.
56	56	(c) For all applications for which a hearing is not required
57	57	under Subsection (b) or Section 36.1145, the board shall act on the
58	58	application at a meeting, as defined by Section 551.001, Government
59	59	Code, unless the board by rule has delegated to the general manager
60	60	the authority to act on the application.
61	61	SECTION 4. Subchapter D, Chapter 36, Water Code, is amended
62	62	by adding Sections 36.1145 and 36.1146 to read as follows:
63	63	Sec. 36.1145. OPERATING PERMIT RENEWAL. (a) Except as
64	64	provided by Subsection (b), a district shall without a hearing
65	65	renew or approve an application to renew an operating permit before
66	66	the date on which the permit expires, provided that:
67	67	(1) the application, if required by the district, is
68	68	submitted in a timely manner and accompanied by any required fees in
69	69	accordance with district rules; and
70	70	(2) the permit holder is not requesting a change
71	71	related to the renewal that would require a permit amendment under
72	72	district rules.
73	73	(b) A district is not required to renew a permit under this
74	74	section if the applicant:
75	75	(1) is delinquent in paying a fee required by the
76	76	district;
77	77	(2) is subject to a pending enforcement action for a
78	78	substantive violation of a district permit, order, or rule that has
79	79	not been settled by agreement with the district or a final
80	80	adjudication; or
81	81	(3) has not paid a civil penalty or has otherwise
82	82	failed to comply with an order resulting from a final adjudication
83	83	of a violation of a district permit, order, or rule.
84	84	(c) If a district is not required to renew a permit under
85	85	Subsection (b)(2), the permit remains in effect until the final
86	86	settlement or adjudication on the matter of the substantive
87	87	violation.
88	88	Sec. 36.1146. CHANGE IN OPERATING PERMITS. (a) If the
89	89	holder of an operating permit, in connection with the renewal of a
90	90	permit or otherwise, requests a change to the permit that requires
91	91	an amendment to the permit under district rules, the original
92	92	permit remains in effect until the later of:
93	93	(1) the conclusion of the permit amendment or renewal
94	94	process, as applicable; or
95	95	(2) final settlement or adjudication on the matter of
96	96	whether the change to the permit requires a permit amendment.
97	97	(b) If the permit amendment process results in the denial of
98	98	an amendment, the original permit as it existed before the permit
99	99	amendment process shall be renewed under Section 36.1145 without
100	100	penalty, unless Subsection (b) of that section applies to the
101	101	applicant.
102	102	(c) A district may initiate an amendment to an operating
103	103	permit, in connection with the renewal of a permit or otherwise, in
104	104	order to achieve a purpose of this chapter. If a district initiates
105	105	an amendment to an operating permit, the original permit shall
106	106	remain in effect until the conclusion of the permit amendment or
107	107	renewal process, as applicable.
108	108	SECTION 5. Section 36.402, Water Code, is amended to read as
109	109	follows:
110	110	Sec. 36.402. APPLICABILITY. Except as provided by Section
111	111	36.416, this subchapter applies to the notice and hearing process
112	112	used by a district for permit and permit amendment applications for
113	113	which a hearing is required.
114	114	SECTION 6. As soon as practicable after the effective date
115	115	of this Act, groundwater conservation districts shall adopt rules
116	116	to implement the changes in law made by this Act.
117	117	SECTION 7. Sections 36.1145 and 36.1146, Water Code, as
118	118	added by this Act, apply only to a permit renewal initiated by a
119	119	groundwater conservation district or a permit holder on or after
120	120	the effective date of this Act. A permit renewal initiated before
121	121	that date is governed by the law in effect on the date the permit
122	122	renewal was initiated, and the former law is continued in effect for
123	123	that purpose.
124	124	SECTION 8. This Act takes effect September 1, 2015.